1. Definitions
In these conditions of sale:
“Seller” means Applied Computational Engineering Pty Ltd (ABN 72073919954), trading as 1800Memory.
“Buyer” means any person, corporation, agent or any other type of legal entity requiring Goods from the seller.
“Goods” means any item of whatsoever nature sold or agreed to be sold by the Seller to the Buyer.
“Website” means the 1800Memory Website located at www.1800memory.com.au.
2. Price
The price charged and payable for any Goods will be the Seller's price on the date the Goods are ordered by the Buyer unless otherwise agreed to in writing by the Seller. Prices may vary from time to time without prior notice at the Sellers sole discretion. All pricing on this Website includes GST.
3. Terms of Payment
Unless otherwise agreed to in writing by the Seller, payment for any Goods ordered by the Buyer and all other costs and expenses associated with those Goods including, but not limited to, delivery of Goods, will be made to the Seller before the Goods are dispatched.
4. Delivery
The Goods will be delivered by the Seller at the location as registered on this Website by the Buyer. It is agreed and declared that the Seller is not a common carrier and that if any loss or damage is caused to the Goods in transit by any act, neglect or default attributed to the Seller, the Seller's liability to the Buyer is completely discharged and limited to the terms of the relevant carrier. Any claims against the Seller for loss or damage to the Goods must be made within 7 days from the date of loss or damage to the goods.
5. Risk
The Goods supplied by the Seller will be at the Buyer's risk from the invoice date to the Buyer or any other entity acting on the Buyer's behalf.
6. Title
(a) Title to the Goods will be and remain the Seller's until payment is made in full by the Buyer for the goods.
(b) Until the Buyer pays for the Goods in full, the Seller is entitled to enter upon any premises where the goods are stored, without being liable for trespass or any other liability for damage to any premises, and remove the Goods.
If the Buyer mixes the Goods or any of them with the Goods or if the Goods become part of any other material or Products of the Buyer, the Seller will have the ownership of those mixed Goods or such other material or products until the Buyer has paid
all amounts owing to the Seller for the Goods and the Seller's right to re-enter the premises pursuant to Clause 6(a) will extend to a right to enter and recover the mixed goods, materials or products.
7. Products
While all care is taken, any errors or omissions in the product specifications and details are unintentional. The Buyer will assume all risk of liability with respect to the purchase of the product and product specifications. Specifications may vary from time to time as produced by the manufacturer. All brands and logos are trademarks of their respective manufacturers.
8. Purchasing
All items offered on our website are subject to availability. To purchase any of the items on our Web Site, click the "Add to Basket/Add to Cart " button shown on each product page. When you place an order to purchase a product by clicking the button "Confirm the Order ", we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we send e-mail confirmation to you that we've accepted your order or dispatched the product to you. The contract will be filed. For safety reasons your order’s data are not accessible via internet. We keep these data in confidence according to our privacy policy.
9. Governing Law
These terms and conditions of sale are governed by and are to be construed in accordance with the laws in force in the Department of Fair Trading, Australia.
10. Entire Agreement
These terms and conditions of sale set out the entire agreement between the Seller and the Buyer and supersede any prior representation, understanding or agreement given and made by or between the Buyer and the Seller (whether orally or in writing) in relation to the sale and/or delivery of Goods. We may update these terms and conditions at any time without notice to you. All transactions thereafter will be subject to the updated terms and conditions. If you continue to purchase our product after the date such updates become effective you will be deemed to have agreed to the updated terms and conditions.
